Section 117p. 117

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

obligation of the ILO to further programs which will

achieve

in

particular

full

employment

through

"the

transfer of labour, including for employment . . .",

Considering the ILO World Employment Program and the

Employment Policy Convention and Recommendation,

1964, and emphasizing the need to avoid the excessive

and uncontrolled or unassisted increase of migratory

movements because of their negative social and human

consequences, and

Considering

that

in

order

to

overcome

underdevelopment

and

structural

and

chronic

unemployment,

the governments of many countries

increasingly stress the desirability of encouraging the

transfer of capital and technology rather than the transfer

of workers in accordance with the needs and requests of

these countries in the reciprocal interest of the countries

of origin and the countries of employment, and

Considering the right of everyone to leave any country,

including his own, and to enter his own country, as set

forth in the Universal Declaration of Human Rights and

the International Covenant on Civil and Political Rights,

and

Recalling the provisions contained in the Migration for

Employment

Convention

and

Recommendation

(Revised), 1949, in the Protection of Migrant Workers

(Underdeveloped Countries) Recommendation, 1955, in

the

Employment

Policy

Convention

and

Recommendation,

1964,

in

the

Employment

Service

Convention

and

Recommendation,

1948, and in the

Fee-Charging

Employment

Agencies

Convention

(Revised), 1949, which deal with such matters as the

regulation of the recruitment, introduction and placing of

migrant workers, the provision of accurate information

relating to migration, the minimum conditions to be

enjoyed

by

migrants

in

transit

and

on

arrival,

the

adoption

of

an

active

employment

policy

and

international collaboration in these matters, and

Considering

that

the

migration

of

workers

due

to

conditions in labour markets should take place under the

responsibility of official agencies for employment or in

accordance with the relevant bilateral or multilateral

agreements,

in

particular

those

permitting

free

circulation of workers, and

Considering that evidence of the existence of illicit and

clandestine

trafficking

in

labour

calls

for

further

standards specifically aimed at eliminating these abuses,

and

Recalling the provisions of the Migration for Employment

Convention

(Revised),

1949,

which

require

ratifying

Members to apply to immigrants lawfully within their

territory treatment not less favorable than that which

they apply to their nationals in respect of a variety of

matters which it enumerates, in so far as these are

regulated by laws or regulations or subject to the control

of administrative authorities, and

Recalling that the definition of the term "discrimination"

in

the Discrimination (Employment and Occupation)

Convention,

1958,

does

not

mandatorily

include

distinctions on the basis of nationality, and

Considering that further standards, covering also social

security, are desirable in order to promote equality of

opportunity and treatment of migrant workers and, with

regard to matters regulated by laws or regulations or

subject

to

the

control

of

administrative

authorities,

ensure treatment at least equal to that of nationals, and

Noting that, for the full success of action regarding the

very varied problems of migrant workers, it is essential

that there be close co-operation with the United Nations

and other specialized agencies, and

Noting that, in the framing of the following standards,

account has been taken of the work of the United Nations

and of other specialized agencies and that, with a view to

avoiding

duplication

and

to

ensuring

appropriate

co-ordination, there will be continuing co-operation in

promoting and securing the application of the standards,

and

Having decided upon the adoption of certain proposals

with regard to migrant workers, which is the fifth item on

the agenda of the session, and

Having determined that these proposals shall take the

form of an international Convention supplementing the

Migration for Employment Convention (Revised), 1949,

and the Discrimination (Employment and Occupation)

Convention, 1958,

adopts this twenty-fourth day of June of the year one

thousand nine hundred and seventy-five the following

Convention, which may be cited as the Migrant Workers

(Supplementary Provisions) Convention, 1975:

PART I. MIGRATIONS IN ABUSIVE CONDITIONS

ARTICLE 1

Each Member for which this Convention is in force

undertakes to respect the basic human rights of all

migrant workers.

ARTICLE 2

1. Each Member for which this Convention is in force shall

systematically

seek

to

determine whether there are

illegally employed migrant workers on its territory and

whether there depart from, pass through or arrive in its

territory any movements of migrants for employment in

which the migrants are subjected during their journey, on

arrival

or

during

their

period

of

residence

and

employment

to

conditions

contravening

relevant

international

multilateral

or

bilateral

instruments

or

agreements, or national laws or regulations.

2. The representative organizations of employers and

workers shall be fully consulted and enabled to furnish

any information in their possession on this subject.

ARTICLE 3

Each Member shall adopt all necessary and appropriate

measures, both within its jurisdiction and in collaboration

with other Members —

(a) to suppress clandestine movements of migrants for

employment and illegal employment of migrants, and

(b)

against

the

organizers

of

illicit

or

clandestine

movements of migrants for employment departing from,

passing through or arriving in its territory, and against

those who employ workers who have immigrated in

illegal conditions, in order to prevent and to eliminate the

abuses referred to in Article 2 of this Convention.

ARTICLE 4

In particular, Members shall take such measures as are

necessary, at the national and the international level, for

systematic contact and exchange of information on the

subject

with

other

States,

in

consultation

with

representative organizations of employers and workers.

ARTICLE 5

One of the purposes of the measures taken under Articles

3 and 4 of this Convention shall be that the authors of

manpower trafficking can be prosecuted whatever the

country from which they exercise their activities.

ARTICLE 6

1.

Provision

shall

be

made

under

national

laws

or

regulations

for

the

effective detection of the illegal

employment of migrant workers and for the definition

and the application of administrative, civil and penal

sanctions, which include imprisonment in their range, in

respect of the illegal employment of migrant workers, in

respect of the Organisation of movements of migrants for

employment defined as involving the abuses referred to

in Article 2 of this Convention, and in respect of knowing

assistance to such movements, whether for profit or

otherwise.

© Compiled by RGL

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